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StarStrider

If I don't qualify for FMLA can I get Washington ESD unemployment benefits?

My company denied my FMLA request because I haven't been there long enough (only 8 months). I had to quit to take care of my sick father and now I'm wondering if I can still file for unemployment with Washington ESD? I know quitting usually disqualifies you but does having a medical/family reason make any difference? Has anyone been in a similar situation?

Unfortunately, quitting your job typically makes you ineligible for Washington ESD unemployment benefits, even if you had good personal reasons. The state looks at whether you had 'good cause' that was work-related - like unsafe conditions or harassment. Family care situations usually don't qualify unless your employer somehow violated your rights.

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That's what I was afraid of. So even though I literally had no choice, Washington ESD won't care?

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You can still apply and explain your situation during the eligibility interview. Sometimes there are exceptions, but don't get your hopes up too much.

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Wait, I thought there were some protections for family caregivers? My sister had to quit to care for our mom and she got approved for unemployment somehow.

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There might be specific circumstances where it's allowed, but generally voluntary quit = no benefits. Your sister might have had a different situation or successfully argued good cause.

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Do you know what reasons she gave when she applied? I'm trying to figure out how to present my case to Washington ESD.

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I went through something similar last year. Couldn't get through to Washington ESD for weeks to even ask about my eligibility. The phone system is a nightmare - I'd call hundreds of times and either get busy signals, long holds that ended in disconnects, or automated messages. Finally used a service called Claimyr (claimyr.com) that got me through to an actual agent in like 20 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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That sounds too good to be true. How much does it cost?

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They don't charge upfront fees, you just pay when they successfully connect you. Way better than wasting hours of my life on hold.

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Never heard of this but anything is better than the current system. Washington ESD's phone lines are absolutely useless.

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THE SYSTEM IS BROKEN! I've been trying to reach someone at Washington ESD for MONTHS about my claim issues. They make it impossible to talk to anyone and then deny benefits based on incomplete information. It's like they WANT people to suffer!

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I feel your frustration but getting angry doesn't help your case unfortunately.

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Sorry, I know you're right. Just so tired of fighting this system when I desperately need help.

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OP, you should definitely still apply even if your chances seem low. Here's why: 1) You might have a legitimate good cause argument you haven't considered 2) There could be other factors about your employment situation that help your case 3) The worst they can do is say no, but at least you'll have an official determination you can potentially appeal.

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You're right, I should at least try. How long does the application process usually take?

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Initial application is quick online, but if they need to investigate your eligibility it can take several weeks. Be prepared to provide documentation about your father's condition and why you had to quit.

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Also keep records of any conversations with your employer about accommodations or leave options they denied.

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my friend quit to take care of her kid and got denied. they told her she could have taken unpaid leave instead but her company wouldn't guarantee her job back so she was stuck

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That's exactly my situation! My employer said they couldn't hold my position but also wouldn't approve FMLA.

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This might actually help your case - if your employer couldn't guarantee job protection for medical leave, that could be considered constructive dismissal.

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Look into Washington Paid Family and Medical Leave (PFML) too. It's different from unemployment but provides income replacement for family caregiving. You might have been eligible for that instead of quitting.

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I looked into PFML but you have to work for a covered employer for a certain amount of time. My company was too small I think.

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Still worth double-checking the requirements. Sometimes people assume they don't qualify when they actually do.

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PFML and unemployment are totally different programs with different rules. Don't confuse them when talking to Washington ESD.

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I hate to be negative but I quit for family reasons three years ago and was denied. Appealed and still denied. Washington ESD is very strict about voluntary separations. Unless you can prove your employer forced you out somehow, it's an uphill battle.

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Did you have any documentation about your family situation when you applied?

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Yes, medical records, doctor letters, everything. They said it wasn't 'work-related good cause' so didn't matter.

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Wait can you get unemployment if you're caring for someone? I thought you had to be available for work?

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That's another issue - you have to be able and available for work to collect benefits. If you're still caregiving full-time, that could disqualify you even if the quit reason was approved.

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Oh great, another hurdle I didn't think about. This is getting complicated.

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Honestly your best bet is talking to someone at Washington ESD directly about your specific situation. Every case is different and online advice can only go so far. I used that Claimyr service someone mentioned earlier and it was actually legit - got me through to an adjudication specialist who explained exactly what I needed to do.

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I think I'm going to try that. The regular phone system seems impossible.

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Yeah I tried calling Washington ESD for three weeks straight. Never got through once. These callback services are honestly the only way.

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Don't give up before you try! I was in a similar situation with elder care and thought I had no chance. Turned out my employer had violated some policies around accommodations and I was able to argue constructive dismissal. Got approved after a hearing.

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That gives me hope! What kind of policy violations did your employer have?

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They had a written policy about reasonable accommodations but refused to even discuss options with me. Made it impossible to continue working there.

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File your claim online first, then worry about talking to someone. The initial application doesn't cost anything and starts your potential benefit year. Even if you get denied initially, you have appeal rights.

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Good point. I'll start the application tonight and see what happens.

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Make sure to be completely honest about why you quit. Don't try to make it sound work-related if it wasn't.

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i had to quit my job to take care of my grandmother and got denied too. washington esd doesn't care about family emergencies unfortunately. ended up having to find part time work that worked around caregiving

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That might be what I end up doing too. Did you find employers understanding about the caregiving situation?

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some were, some weren't. healthcare and home services companies tend to be more flexible since they deal with this stuff all the time

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Check if your father qualifies for any state assistance programs that include caregiver support. Sometimes there are resources that can help with the financial burden while you're providing care.

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I hadn't thought about that angle. Where would I look for those programs?

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Start with DSHS website or call 211 for resource information. They can connect you with local programs.

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File the unemployment claim but also look into other options. Food assistance, utility help, rental assistance - there are programs to help people in crisis situations like yours.

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Thank you, I need to explore all options right now.

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Mei Lin

Also check with local churches and community organizations. They often have emergency assistance funds for people in tough situations.

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Whatever you do, don't let Washington ESD intimidate you if they deny your claim. You have the right to appeal and present your case to a judge. Sometimes the initial determination gets overturned when you can explain the full situation.

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How long do appeals usually take?

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Can be several months unfortunately, but if you win you get backpay from when you first filed.

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I think the key is proving you had no reasonable alternative to quitting. If your employer couldn't accommodate your family care needs and you couldn't afford unpaid leave, that might constitute good cause. Document everything!

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I do have emails where I asked about options and they basically said there weren't any.

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Perfect! Those emails could be crucial evidence. Keep copies of everything.

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Also get any medical documentation about your father's condition that shows why immediate care was necessary.

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Update us after you file and let us know what happens! Your situation might help other people in similar circumstances understand their options.

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Will do! Thanks everyone for all the advice and support. This thread has been incredibly helpful.

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Good luck! Even if unemployment doesn't work out, you did the right thing taking care of your father.

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